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Juez Hixon
Juez Hixon
FILED
1 Apr 07 2023
Mark B. Busby
2 CLERK, U.S. DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO
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Northern District of California
United States District Court
13 On April 5, 2023, the Court issued an order of commitment for the U.S. Marshal to take
14 Alejandro Toledo into custody. ECF No. 221. The purpose of the order was to effectuate his
15 extradition, since the Secretary of State may surrender someone only if he is in custody. See 18
16 U.S.C. § 3186. Toledo has otherwise been on release for the past three years.
17 Yesterday evening the Ninth Circuit issued an order stating that “[e]xtradition is stayed for
18 14 days to allow Toledo an opportunity to move for reconsideration by the panel or the en banc
19 court. An order setting an expedited en banc schedule will follow.” Manrique v. Kolc, 22-15705,
20 ECF No. 53. As Toledo cannot presently be extradited, the Court VACATES its order of
21 commitment and ORDERS the U.S. Marshal not to take Toledo into custody.
22 IT IS SO ORDERED.
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THOMAS S. HIXSON
26 United States Magistrate Judge
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